Analisis Perbandingan Kebijakan Investasi dalam Asean Comprehensive Investment Agreement dan Trade-Related Investment Measures Relevansinya dengan Kebijakan Nasional Indonesia

Abstract

This thesis discusses a comparison between two international legal frameworks governing investment, namely the ASEAN Comprehensive Investment Agreement (ACIA) and the Trade-Related Investment Measures (TRIMs) under the auspices of the World Trade Organization (WTO). The primary focus of this research is directed at examining the extent to which these two instruments are related to and impact Indonesia’ s national investment policy. In an increasingly complex era of economic globalization, Indonesia faces the necessity of adjusting its domestic regulations to align with international commitments, without neglecting the protection of strategic domestic sectors. This research employs a normative juridical approach by analyzing secondary data, including statutory regulations, international agreements, and legal doctrines. The objective is to examine the legal principles of investment, the nature of regulation, and the normative differences contained within ACIA and TRIMs. The analysis reveals that although both frameworks aim to promote investment flows and economic growth, ACIA, as a regional agreement, provides relatively greater policy flexibility for its member states, while TRIMs establishes binding and universal multilateral standards. The conclusion of this study suggests that Indonesia should take strategic steps to balance openness to foreign investment with the protection of national interests. Policy recommendations are formulated so that Indonesia can create a conducive investment climate, while complying with international obligations and maintaining the sustainability of national economic development.